J. BLAINE ANDERSON, Circuit Judge:
The defendants, Alfred M. Salas and his wife, Betty L. Salas, appeal from the denial of their Fed.R.Crim.P. 32(d) motion to withdraw their guilty pleas. They contend that the trial judge violated Fed.R.Crim.P. 11(c)(1) by failing to explain the nature and operation of the special parole term when they pled guilty. We find that this case is controlled by United States v. Timmreck, ___ U.S. ___, 99 S.Ct. 2085, 60 L.Ed.2d 634 (1979), and affirm.
Alfred was charged with possession of heroin with intent to distribute (21 U.S.C. § 841(a)(1)), and Betty was charged with aiding and abetting (18 U.S.C. § 2). When a person is sentenced to a term of imprisonment under 21 U.S.C. § 841(a)(1), then a special parole term of at least three years must be imposed in addition to the prison sentence.
On February 2, 1977, during the second day of their jury trial, the defendants withdrew their not guilty pleas and pled guilty to the charges against them. Before accepting the guilty pleas, the trial judge personally addressed the defendants as required by Fed.R.Crim.P. 11 to insure that the pleas were made voluntarily and that there was a factual basis for the pleas. See Reporter's Transcript (R.T.) 70-85. The judge informed the defendants two different times that the maximum penalty was fifteen years imprisonment, a $25,000 fine, and a special parole term of "at least" (also "not less than") three years. R.T. 76-78. On both occasions the defendants replied that they understood the possible punishment, including the special parole term. R.T. 76-78.
On March 10, 1977, Alfred was sentenced to thirteen years imprisonment plus a special parole term of ten years. Betty received a five-year prison sentence and a special parole term of three years.
In Timmreck, supra, the Supreme Court held that a defendant could not be afforded any collateral relief
___ U.S. at ___, 99 S.Ct. at 2087.
The defendants in the present case do not claim that they were unaware of the special parole term. The trial judge explained to them that there would be a special parole term of at least three years. When asked whether they understood this, the defendants each responded in the affirmative. On appeal, the defendants make no claim that they were actually unaware of the nature and operation of the special parole term. Nor do they claim that they would not have pled guilty. We do not decide whether there was any violation of Rule 11, because, at most, the defendants can claim only a "technical" violation of the variety which Timmreck holds cannot afford any collateral relief. In view of these circumstances, we conclude that the defendants' Rule 32(d) motion was properly denied.
This approach is logically followed here where the Rule 32(d) motion is being used in a collateral manner to challenge the guilty pleas. This motion was filed over one year after the judgment of conviction and sentence was entered. Additionally, this is not the defendants' first challenge to their sentences. See n. 2, supra.
___ U.S. at ___-___, 99 S.Ct. at 2087-2088.